The sixt Chapter. The third Precept; of the sanctification of the name of God.
1 THe Hebrues call an oth by the name of Nischba, being a noune deriued of Schaba, that is, seuen; by which number is expressed the power of the holie Ghost, séeing whosoeuer sweareth, let him vnderstand that he is bound and tied by that oth. 2 The definition is, that the same is a confirmation of the will, by the testimonie of God, or of diuine things. 3 Of his owne nature it is good, yet the abuse therof may doo harme; as the Eucharist, as meate, and drinke. Also by the end thereof, it is declared to be good: for it is ordeined to the intent anie man may iustifie and purge himselfe thereby, that there may be a faithfulnesse of speaking, which oftentimes dooth much auaile: yea euen to the finishing of controuersies: and this is written in the sixt chapter of the Hebrues. 4 Furthermore, it hath his beginning from a right faith in God: for bicause we estéeme all things to be throughlie knowne vnto him. Againe, we iudge that he is a louer of the truth, and a reuenger of periurie: all which points of godlinesse are not to be despised. Also an oth serueth to the honour of God; bicause we extoll the name of him. And therein we confesse God to be the greater and more excellent, sith that (as we read in the sixt chapter to the Hebrues, 5 ) We alwaies sweare by the greater. An oth is a certeine confessing of the excellencie of God. Wherefore, not without cause it is said in the lawe, Lo tisa; Thou shalt not bring in the name of God for a lie.
Nasa signifieth, To aduance; as though they that sweare, doo by their oth extoll the name of God. Yet must we not héereof conclude, if it be good, if it make to the honour of God, that therefore it should be often times vsed. 6 For although an oth be apperteining to the seruice of God; yet is the institution of the same to helpe the néed of the brethren, if credit be not giuen vnto vs, or else, where one partie is not beléeued of an other. So that, where such a néed shall not happen, neither shall an oth be vsed. 7 Euen in like maner, as a medicine is in verie déed profitable; yet wheras a fit occasion of a sicke person vrgeth not, it must not be ministred. But whereas it is said in the Gospell, 8 that an oth commeth of euill, it is not preiudiciall to the goodnesse of an oth. For it nothing at all hindereth, that some things doo spring of an ill occasion, which notwithstanding are good; as be medicines, vertues, meats, and drinks.
2 In the old lawe, 9 an oth was oftentimes to be taken: the which, if it be kept true, sound, and inuiolable; faith also betwéene men continueth pure, and perfect: but this being violated, hardlie can faith it selfe remaine sound. Neither is it vnknowne, that for manie causes men are prouoked vnto periurie. First, bicause they doo excéedinglie desire to hurt him, whom they hate; and on the other side, by all meanes possible to gratifie their fréends. Sometimes they be mooued by couetousnes and gréedie desire, being vnwilling to paie that which they owe, to restore that which is laid to kéepe, or to recompense the harmes doone. In the 22. chapter of Exodus, 10 God commanded, that in the case of laieng to pledge, and also in the case of theft and robberie, an oth should be taken. 11 In the booke of numbers cursings are commanded to be vsed for gelosie. And the epistle to the Hebrues teacheth, 12 that verie manie controuersies be decided by an oth. For when a thing cannot otherwise be doone, we must flie vnto God himselfe, who is the searcher of the hart and reines; and vnto his eies all things are manifest, be they neuer so secret. But when iudges can define causes otherwise, they must not minister an oth vnto those, which be the aduersaries in lawe. But oftentimes proofes be wanting, neither are witnesses readie present, or else there is onelie one found; or he that is pleaded guiltie, is troubled onelie vpon report and suspicions, which be not verie certeine: in déed in such cases, an oth must be taken.